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HTMLMassachusetts Attorney General Issues Revised “Safe Harbor” Delaying Full Implementation of New Earned Sick Time Law and Required Posting
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 12, 2015
On June 10, 2015, the Massachusetts Attorney General’s Office (AGO) issued two important new documents for employers concerning implementation of the new earned sick time law that goes into effect on July 1, 2015. The AGO has held public hearings and listening sessions concerning the proposed...

 

HTMLMassachusetts Supreme Judicial Court Issues Two Significant Opinions for Employers
Rachel Reingold Mandel, Diane M. Saunders, Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
In April 2015, the Supreme Judicial Court of Massachusetts issued two important decisions providing guidance for employers on the scope of Massachusetts’s wage and hour laws. In one decision, the Court held that employers may institute no-tipping policies in the Commonwealth without violating...

 

HTML“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors
Harold P. Coxson, Dara L. DeHaven, Leigh M. Nason, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28, 2015)). The Federal Acquisition Regulatory (FAR) Council also issued...

 

HTMLDespite Fewer Citations Issued Since 2008, the Percentage of “Significant and Substantial” Citations Is Holding Steady
Margaret S. Lopez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on June 3, 2015
The Mine Safety and Health Administration (MSHA) recently released mining industry and enforcement data that reflects noteworthy changes the industry has experienced over the last six years. Of particular significance in the data from an enforcement perspective is the fact that, while the overall...

 

HTMLFifth Circuit Finds Settlement Agreement Did Not Release Employees’ FLSA Claims
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 17, 2015, previously published on June 11, 2015
In Bodle v. TXL Mortgage Corp., No. 14-20224 (June 1, 2015), the Fifth Circuit Court of Appeals held that a generic, broad-form settlement release between an employer and two of its former employees did not bar those employees’ subsequent lawsuit under the Fair Labor Standards Act (FLSA) for...

 

HTMLFY 2016 H-1B Cap Petition Not Selected: What Are the Options?
Sara E. Herbek, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved for those who hold an advanced degree from a U.S....

 

HTMLMissouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 11, 2015
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...

 

HTMLNinth Circuit Extends ERISA Deadline, Revives Untimely Appeal
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
Last week, the Ninth Circuit Court of Appeals issued its opinion in LeGras v. AETNA Life Insurance Company, No. 12-56541 (May 28, 2015), holding that the 180-day period to appeal a denial of a long-term disability claim was extended to the following Monday because the last day to submit the appeal...

 

HTMLRetaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers
Tevis Marshall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 8, 2015
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers facing claims of retaliation. In Foster v. University of Maryland-Eastern...

 

HTMLProjected Impact of the Upcoming Overtime Rules On Retail and Hospitality
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 10, 2015
As we await the issuance of new federal overtime regulations, employers in the retail and hospitality industries may be interested in the recent National Retail Federation (NRF) report, “Rethinking Overtime.” The NRF report includes the results of a study conducted by Oxford Economics...

 


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